Gilbert Esco Angle v. Melvin Laird, U.S. Secretary of Defense

MURRAH, Circuit Judge.

This appeal involves the efforts of appellant Angle to change his World War II Army discharge from dishonorable to honorable. The specific question is his right to a writ in the nature of mandamus compelling the Secretary of Defense to make the requested change in his records, 28 U.S.C. § 1361. See Smith v. McNamara, 395 F.2d 896 (10th Cir. 1968); Ashe v. McNamara, 355 F.2d 277 (1st Cir. 1965). He contends the Secretary is under an enforceable duty to make the change because the court-martial which resulted in his dishonorable discharge was constitutionally void. 1

Angle…